A-8015055
Decided by the Board October 28, 1953
Communist Party of Great Britain — Deportability under the act of October 16, 1918, as amended, based on membership prior to entry — Time of entry and ignorance of principles not material — Eligibility for voluntary departure.
(1) A person who, without duress and at a time when she was over the age of 16, had joined an organization she knew was the Communist Party, is deportable under the act of October 16, 1918, as amended, irrespective of the time of her entry.
(2) Ignorance of, or mistake as to, the principles of an organization known to be the Communist Party is not a bar to a finding of deportability, regardless of whether it is the Communist Party of the United States or of a foreign state.
(3) Voluntary departure is granted to an alien found deportable by reason of voluntary membership in an organization she knew to be a branch of the Communist Party of Great Britain where such membership was for a short period and before reaching the age of maturity and the record establishes good moral character for the required period and opposition to communism since at least 1947.
CHARGES:
Warrant: Act of 1924 — Remained longer — Visitor.
Lodged: Act of October 16, 1918, as amended — Alien who prior to entry was a member of the Communist Party of Great Britain.
BEFORE THE BOARD
Discussion: This is an appeal from the order of the Assistant Commissioner requiring respondent's deportation on the grounds stated above.
Respondent is a 24-year-old married female, a native of England and subject of Great Britain, who was admitted to the United States as a temporary visitor in 1950, and has remained without authorization beyond the period for which she was admitted. Deportability on the charge in the warrant of arrest is not contested. The main issue is whether deportability on the lodged charge is established. As to this issue, uncontradicted testimony of record follows.
Toward the end of 1945 or the spring of 1946, respondent was in attendance at Oxford University in England. She, as were other students, was asked to join the university branch of the British Communist Party, one of the clubs existing at the university. Believing that the organization concerned itself with school matters such as student discussion groups, university housing fees, and the like, and being told she could not really understand the organization unless she joined, she made a dues payment, received a membership card and attended 5 or 6 meetings, the last in the summer of 1946. These meetings were publicly announced and open to the public. It was recognized by the university and meetings were held on university grounds. While there was some slight political discussion at meetings, interest was primarily in local student problems. In the spring of 1947 she resigned. For some time prior to her resignation, she had formed a dislike of the organization and the people connected with it. With her resignation she sent a check for dues then owing to avoid receiving further communication from them.
At the time respondent joined, she did not know the aims and policies of the organization and was not aware it had political aims other than concerning the local student body. She is now aware of the principles of communism and does not believe in them. Had she known of these principles, she would not have joined. She never believed in the overthrow of the Government of Great Britain or of this country by force and violence.
Other than a payment of dues, respondent made no contribution to the organization. She was not active in the club. Since her resignation, she has attended no Communist Party meetings. She is opposed to communism and is a believer in the principles of democracy.
A brief prepared by Mr. H---- M---- has been received by this Board. Attached to the brief are affidavits from persons who are fellow students of the respondent which reveal that it was their belief that the respondent joined the party for the social life it offered her and without knowing more of the principles of the organization than she had learned from the vague and fine-sounding phrases handed out to the uninitiated. The affidavits reveal that respondent, while still a member of the party, spoke to her friends of her distaste for all aspects of communism and openly and publicly expressed her opposition to all that Communist theory and practice stood for.
Deportation of the respondent is sought on the ground that at the time of entry, she belonged to that class of aliens who had been voluntary members of the Communist Party of a foreign government (sec. 22 of the Internal Security Act of 1950 (Public Law 831-81st Cong., Ch. 1024, 2d sess.) amending the act of October 16, 1918, as amended). Section 4 of the act of October 16, 1918, as so amended, expressly makes its provisions applicable to the classes of aliens mentioned "irrespective of the time of their entry into the United States."
We believe the law is now settled that once it is established that an alien over the age of 16, without duress, joined an organization he knew was the Communist Party, his joining must be held voluntary and a ground of deportation or exclusion whether or not he knew the principles of the party and whether or not he was in sympathy with those principles ( Harisiades v. Shaughnessy, 342 U.S. 580; Latva v. Nicolls, 106 F. Supp. 658 (D.C. Mass.); Matter of S----, A-9635850, Feb. 5, 1953, Int. Dec. No. 417). Thus, we have held that an alien who became a member of the Communist Party of the United States at the urging of friends with the intention of learning all he could about the organization, but who was not under any misapprehension as to the identity of the organization, was a voluntary member and deportable notwithstanding the fact that he terminated his membership and withdrew from the party after 3 months upon becoming acquainted with its program and principles ( Matter of S----, supra). The fact that the Communist Party in question is that of a foreign state instead of that of the United States would be immaterial ( Matter of K----, A-5277515, Int. Dec. No. 407, Jan. 2, 1953; Matter of D----, A-7808001, 4 IN Dec. 745).
The record establishes that at her entry, respondent was a person who, without duress and at a time she was over the age of 16, had joined an organization she knew was the Communist Party. Applying the law set forth previously to these facts, it is clear that she is deportable on the lodged charge.
We shall now consider counsel's contentions. Counsel urges that the lodged charge may not be sustained because it was not a ground of deportation when the respondent entered the United States in August 1950 prior to the enactment of the Internal Security Act. This contention is clearly untenable. At the time of the respondent's entry there was in force the act of October 16, 1918, as amended, which provided for the exclusion and deportation of all aliens who, at any time in the past, had been members of proscribed organizations ( Matter of D----, supra). Furthermore, the very language of the section in question provides that it be applicable irrespective of the time of the alien's entry.
Counsel urges that membership must be held involuntary since it was in ignorance of the principles of the organization and based upon mistake as to those principles. Matter of N----, A-1406381, 4 IN Dec. 341, and Matter of B----, A-6983112, Int. Dec. No. 470, to be distributed shortly, are cited in support of the contention. Our statement of law made it clear that ignorance of, or mistake as to, the principles of an organization known to be the Communist Party is not a bar to a finding of deportability. Matter of N----, is not in conflict with our statement. N----, was an alien who joined an organization he believed was a union which would assist him and his fellow employees in connection with a strike then being conducted. He never received a membership card, dues book, or Communist Party literature. The organization was called the Workers' Party. There was nothing to indicate that it was affiliated with the Communist Party. We found that the facts created a doubt as to whether N----, had been a member of a proscribed organization. It is clear from these facts that the Government failed to carry its burden of proof and the charge could not be sustained. We said that membership, to be voluntary, requires that the member be cognizant of the fact that he had joined the Communist Party and that there was nothing to show such cognizance. That case is quite different from the instant one where the record establishes the existence of a branch of the Communist Party; knowledge of the fact that the organization was the Communist Party; and the voluntary acceptance of membership in the organization. It is clear that Matter of N----, is not applicable. Matter of B----, supra, was a case where we found membership was the result of a series of circumstances and pressure which constituted duress, making the membership involuntary. The element of duress is not a fact in the instant case. Matter of B----, is clearly not pertinent. We have examined other cases cited by counsel and find them inapplicable.
We hold the record establishes that the respondent voluntarily joined an organization she knew to be a branch of the Communist Party of Great Britain. The lodged charge is clearly sustained.
Counsel has asked that voluntary departure be granted if the charges are sustained. Respondent's good moral character for the necessary period is established. She is married to a citizen of the United States. He is an honorably discharged veteran who suffered a combat incurred disability. She has denied any beliefs in the principles of communism, and the record indicates her opposition to communism since at least 1947. She freely disclosed her membership. It was before she attained the age of maturity and was for a short period. The fact that she had beeen a member of the Communist Party will not preclude her from receiving a visa if she can establish to the satisfaction of the consular officer that she has been actively opposed to the doctrines of communism and that her admission will be in the public interest (sec. 212 (a) (28) (I) (ii) of the Immigration and Nationality Act). She is a nonquota immigrant. Under all the circumstances, we believe the request for voluntary departure should be granted. Although counsel has requested that she be given a period of 6 months to depart, we shall leave the period to be fixed by the district director in his discretion.
Order: It is ordered that the outstanding order of deportation be withdrawn and the alien be permitted to depart from the United States voluntarily without expense to the Government, to any country of her choice, within such period of time and under such conditions as the officer in charge of the district deems appropriate.
It is further ordered that if the alien does not depart from the United States in accordance with the foregoing, the order of deportation be reinstated and executed.